Opinion
NO. WR-88,735-01
09-12-2018
EX PARTE GIFFORD JOHNSON III, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 10CR0548-83-1 IN THE 405TH DISTRICT COURT FROM GALVESTON COUNTY Per curiam. OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and sentenced to life imprisonment. The First Court of Appeals affirmed his conviction. Gifford v. State, No. 01-11-00820-CR (Tex. App.—Houston [1st Dist.] Aug. 29, 2013) (not designated for publication).
Applicant contends, among other things, that his appellate counsel rendered ineffective assistance because counsel failed to file a compliant petition for discretionary review.
Appellate counsel filed an affidavit with the trial court. Based on that affidavit, the trial court has entered findings of fact and conclusions of law that appellate counsel failed to timely file a petition for discretionary review. The trial court recommends that relief be granted.
We find, therefore, that Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review of the judgment of the First Court of Appeals in Cause No. 01-11-00820-CR that affirmed his conviction in Cause No. 10CR0548 from the 405th District Court of Galveston County. Applicant shall file his petition for discretionary review with this Court within 30 days of the date on which this Court's mandate issues.
Applicant's remaining claims are dismissed. Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997). Delivered: September 12, 2018 Do not publish.